Patna High Court
Sanjay PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court disposed of the writ application, directing the Secretary to hear the parties and issue a reasoned order within eight weeks, without ordering an interim freeze of powers.
Summary
Petitioners Sanjay Prasad and Radha Raman Puri filed a writ petition seeking a direction to the Secretary, Urban Development and Housing Department, to finalize an enquiry report concerning alleged financial irregularities by the Executive Officer and Chief Councilor of Nagar Parishad, Daudnagar, and to freeze their financial powers pending the outcome. The enquiry report dated 22‑05‑2025 had already been transmitted to the Secretary by the District Magistrate. The State argued that the Secretary should decide after hearing the accused. The Court observed that the report is already before the Secretary and directed that the Secretary afford a hearing to all concerned parties and pass a reasoned order within eight weeks, without ordering any interim freezing of powers. Consequently, the writ application was disposed of.
Issues considered
- Whether the High Court can direct the Secretary to finalize an enquiry report and impose an interim freeze of financial powers of the accused officials.
- Whether the petitioners are entitled to a writ directing administrative action when the enquiry report has already been placed before the concerned authority.
- Whether a hearing must be afforded to the accused before any punitive or restrictive order is issued.
Subjects
- writ petition
- administrative law
- enquiry report
- financial irregularities
- municipal corruption
- hearing
- interim relief
- urban development
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15752 of 2025
======================================================
1. Sanjay Prasad S/o Virijbihari Lal, Resident of Churi Bazar, Ward No. 11,
P.S. Daudnagar, District- Aurangabad.
2. Radha Raman Puri, S/o Yadunandan Puri, Resident of Patna Ke Phatak Puri
Muhalla, Ward No.-21 (At present Ward No.-24), P.S.- Daudnagar, District-
Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Government of Bihar, Patna.
2. The Secretary, Urban Development and Housing Department, Government
of Bihar, Patna.
3. The District Magistrate, Aurangabad.
4. The Sub-Divisional Officer, Daudnagar, Aurangabad.
5. Smt. Anjali Kumari, the Chief Councilor, Nagar Parishad, Daudnagar,
Aurangabad.
6. Rishikesh Avasthi, the Executive Officer, Nagar Parishad, Daudnagar,
Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sushil Kumar Jha
For the Respondent/s : Mr. Kumar Alok, Standing Counsel (07)
Mr. Sudhanshu Prakash
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioners and
learned counsel for the respondents.
2. The instant writ application has been filed for
directing the respondent, the Secretary, Urban Development and
Housing Department, to finalize the enquiry report of the
respondent Sub-Divisional Officer dated 22.05.2025,
transmitted by the respondent District Magistrate, against
Patna High Court CWJC No.15752 of 2025(2) dt.31-03-2026
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various financial irregularities committed by the respondent
Executive Officer, namely, Rishikesh Avasthi, Nagar Parishad,
Daudnagar, in connivance with Smt. Anjali Kumari, the Chief
Councilor, Nagar Parishad, Daudnagar, who have committed
various corrupt practices for their personal gain at the cost of the
State exchequer and public inconvenience. Further, to punish the
respondent Executive Officer and Smt. Anjali Kumari, the Chief
Councilor, and to recover the embezzled public money collected
through corrupt practices, and till finalization of the proceeding,
all the financial powers of respondent nos. 5 and 6 may be
frozen.
3. Learned counsel for the petitioners submits that an
enquiry into the allegations of misappropriation and
embezzlement of funds has already been conducted by the
District Magistrate, and the report has been forwarded to the
Secretary, Urban Development and Housing Department, vide
Letter No. 4515 dated 18.06.2025.
4. On the other hand, learned counsel for the State, as
also learned counsel appearing for Nagar Parishad, Daudnagar,
Aurangabad, submit that since the report has already been
forwarded to the Secretary, Urban Development and Housing
Department, Government of Bihar, the Secretary may be
Patna High Court CWJC No.15752 of 2025(2) dt.31-03-2026
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directed to take a final decision in accordance with law after
providing an opportunity of hearing to the persons against
whom the allegations of misappropriation and embezzlement
have been made.
5. In view of the aforesaid facts, and considering that
the report has already been placed before the Secretary, Urban
Development and Housing Department, as also that the
petitioner has submitted a representation dated 18.12.2024
(Annexure-P/1), it is directed that, if the Secretary requires any
assistance from the petitioners, their appearance may be secured
through proper communication. Before passing appropriate
orders, the Secretary shall ensure that all concerned parties are
heard, and thereafter pass a reasoned order in accordance with
law within a period of eight weeks from the date of
receipt/production of a copy of this order.
6. With the aforesaid observations and directions, the
instant writ application stands disposed of.
7. Pending I.A.(s), if any, also stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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